Partly allowed

Verpula Nageswar Rao , Bixam v. The State of Telangana

Telangana HC11 Nov 2020CRLP/5049/2020

Case brief

AI extract

What is this about?

High Court granted regular bail to petitioners 2 to 13 charged with SC/ST Act, IPC offences involving murder and rioting, subject to bonds and reporting. Application of petitioner No. 1/A1 was dismissed due to active participation in overt acts.

What did the court decide?

Regular bail granted to petitioners 2 to 13 with bonds of Rs. 10,000 each, two sureties, and daily reporting to SHO; application of petitioner No. 1 dismissed.

Verpula Nageswar Rao , Bixam Vs The State of Telangana — Caste Atrocities | Telangana HC (2020)

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t³¹⁶⁸¹

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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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WEDNESDAY, THE ELEVENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY ---

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:PRESENT:

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THE HONOURABLE SRI JUSTICE K.LAKSHMAN

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CRIMINAL PETITION NO: 5049 OF 2020

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Between:

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Verpula Nageswar Rao @ Bixam, S/o Brahmam.

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Verpula Veera Babu, S/o Nageswar Rao @ Bixam.

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Rayala Nagendra Babu @ Vamshi, S/o Venkateswarlu.

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Rayala Tirupati Rao, S/o Nagaiah.

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Bathula Atchanna @ Atchutha Rao, S/o Nagulu.

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Verpula Sreelatha, Wo Veerababu.

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Rayala Renuka, Wo late Bixam @ Chinna Bixam.

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Rayala Seetha @ Seethamma, Wo Venkateswarlu @ Pedda Bixam.

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Rayala Muthyalu @ Muthyam, Wo Nagaiah.

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Degala Sri Laxmi @ Laxmi, Wo Venkateswarlu.

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Rayala Neelamma @ Seethamma, Wo Somaiah.

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12.Degala Bhaskar Rao, 5/6 Venkateswarlu.

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13.Seelam Tirupathl Rao, S/o Ramulu.

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Petitioners/Accused Nos.1,2,4,6,8 & 9 to 15

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AND

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The State of Telangana, Rep. by its Public Prosecutor, High Court, at Hyderabad.

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RespondenUComplainant

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Petition under Section 437 & 439 of Cr.P.C, praying that in the circumstances stated in the Criminal Petition, the High Court may be pleased to release the petitioners on bail pending, enquiry and trial in Crime No. 89 of 2020 of Chinthakani Police Station, Khammam District, Telangana State, ln the interest'of^justice. _ -

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The petition coming on for hearing, upon^perusing the Petition and the grounds filed in support thereof and upon hearing the arguments of Dr. CHALLA SRINIVASA REDDY, Advocate for the Petitioners, PUBLIC PROSECUTOR $$7 lor lhe 7 Respondent, the Court made the following.

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ORDER:

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THE TIONOURABLE SRI JUSTICE K. LAKSHMAN

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C RIMINAL PETITION No.5O49 OF 2O2O

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ORDER:

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This cr: minal petition is filed seeking regular bail. The petitioners are A1, A2, A4, A6, A8, A9 to A16 in Crime No.89 of 2020 of Chintl-rakani Police Station. The offences alleged against the petitioners are under Sections 148, 452,3O2, 3O7, 324, 427 read with 149 of IPC and Section 3(2)(va) of the Scheduled Castes and Schedulec Tribes (Prevention of Atrocities) Act"^(Amendment Act,2O15).

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Helrd learned counsel for the petitioners and learncd Public Proseculor. Perused the record.

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On perusal of the remand report would reveal Lhat there are disputes be tr.veen the deceased, de facto complainant and the petitioners here in with regard to the illegal intimacl, of husband of the de facto conrplainant with the wife of A1 and eloping her. With regard to the s,aid incident, there are disputes betrveen the two families since lrlst six years. As per the contents of the remand report all the accused including the petitioners herein have lormed into an unlawful assembly, attacked on the deceased, rvho died thereafter, while taking treatment. In the said attack, the deceased has received severe fracture injuries.

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The p€titioners 6, 7, 8, 1O, 11 are women and thev u'ere arrested on 1 i.09.2020 and 14.09 .2020, and hence, lhey arc entitled for protection under Section 437 Cr.P.C. As per thc contents of the :emand report, petitioners 2, 3,9, 12 ar-rcl 13/A2, A4, A6, A8, A1a and A16 have participated in the commrssion of

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offence. There are allegations against them, they are agriculturists and they are in^jail since 1 LOg .2020.

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Considering the said aspects, this Court is inclined to grant regular bail to the petitioners 2 to 13. In respect of petitioner No.1/A1, the bail application is dismissed since there are several / specific overt acts against him and he has actively participated in the commission of offence.

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Accordingly, the Criminal Petition is partly allowed and the petitioners 2 to 13 herein are granted regular bail subject to the following conditions:

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i. The petitioners 2 to 13 I A2, A4, A6, A8, and A9 to A16 shall execute personal bonds for a sum of Rs. 10,000/(Rupees ten thousand only) each with tlr,o sureties for the like sum each to the satisfaction of the Ill Additional Judiciai First Class Magistrate, Khammam, Khammam District.

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ii. The petitioners shall appear before the Station House Officer, Chinthakani Police Station, on every day between 10.00 AM and 5.00 PM, till completion of investigation and filing of charge sheet.

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iii. The petitioner shall cooperate with the Investigating Officer.

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Miscellaneous petitions pending, if any, shall stand disposed

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of.

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Sd/- I.NA.GA LAKSIIN{I ASSISTANT RUGIS'| l{ ,TRUE COPY// v SECTION OFFICER

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To,

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1 . The Special Session Judge for Trial of Cases for the offences Under SCs and STs (POA) Act-cum-Vll Addl. Sessions Judge at Khammam _-

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The lll Addl. Judicial First Class Magistrate, Khammam, Khammam District, Telangana Stater-'

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The Superintendent, Central Prison, Warangal. --

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The Station House Officer, Chinthakani Police Station, Khammam District, T.S ---

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One CC to Dr. CHALLA SRINIVASA REDDY Advocate IOPUC] ---

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Two CCs to PUBLIC PROSECUTOR (TC), High Court at Hyderabad. (OUT)-*

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One spare copy

mvJ

///

HIGH COURT

KL,J

DATED:1 1111i2020

ORDER

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CRLP.No.5049 of 2020

BAIL

Verpula Nageswar Rao , Bixam v. The State of Telangana

Case brief

What is this about?

What did the court decide?

Verpula Nageswar Rao , Bixam v. The State of Telangana

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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